What can be done about chokingon a foreign object in food that was served in a restaurant?

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What can be done about chokingon a foreign object in food that was served in a restaurant?

My husband and I were having appetizer and drinks at a well known casino and was practically choking on a long wire that came from the taquito. We made our waitress awre of the situation but we continued to eat from our appetizer (they never took it from the table. We) then found a wooden stick (not a toothpick) in his fajita (both were fried). I have pictures of the items we found in the food and have witnesses that were eating with us on the same table.

Asked on November 8, 2010 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

We you or your husband hurt? Have you suffered injuries requiring medical attention or causing you to miss work or lose wages? If you have, you may have a cause of action and should consult with a personal injury attorney. On the other hand, if you were fortunate enough to not be injured, you have nothing to sue for--even if the restaurant was in the wrong--i.e. would be legally liable--you can only sue to recover compensation for actual injuries or losses, such as medical costs, lost wages, or the pain and suffering of serious injuries. Without injuries or losses, then regardless of fault, you can't recover anything, which makes suing a losing proposition. If you were not injured, you could always contact casino management and see if they will offer you anything, but you probably don't have grounds to sue.

Also be aware that if you were at a Native American casino, I believe you'd have to sue in tribal court anyway, which would increase the cost of even trying to sue (there are fewer tribal lawyers, for example, to choose from, so you have less ability to negotiate price with your attorney).


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